ARIFIN, ZAENAL (2017) REKONSTRUKSI PARATE EKSEKUSI HAK TANGGUNGAN ATAS TANAH YANG BERBASIS NILAI KEADILAN. Doctoral thesis, Fakultas Hukum UNISSULA.
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Abstract
The use of mortgage agencies by creditor as collateral for loans from debtor, deemed more to provide security for the creditors when compared with the use of a general insurance agency. Loading characteristics with mortgage guarantees, giving the privilege of preferred creditor position. In addition, the advantages of the use of mortgage agencies, the main there are on the side of simplicity and legal certainty in terms of execution in which Article 6 of Law No. 4 of 1996 on Mortgage entitles the parate execution for the creditor if the debtor in default, without the intervention of the court. However, in reality the implementation of parate execution undertaken by the creditor often arbitrary, injure the sense of justice, especially the neglect of the interests of the debtor. Other than that, this execution parate increasingly evident in the implementation of the practice, and missing functions, because castrated by the implementing provisions which did not comply with the doctrine of original execution parate. This research uses paradigm approach positivism, the normative juridical research method, where this study researching on the principles of the law, on the systematics of law, to the degree of synchronization of law, legal history and comparative law. The author uses the law (statute approach), the historical approach (historical approach), the conceptual approach (conceptual approach), and the approach of comparative law. Analysis of the results of the data obtained done in a descriptive qualitative with interpretation method, using a hermeneutic approach. The results of the study in the first issue shows that the loan agreement between the creditor and debtor usually always use the standard clause agreement form, so there is no balance of interests, and away from the aspect of justice. Other than that, the limitation value of collateral objects are auctioned by creditors only directed to meet debt payment, and ignore the object of the auction sale value which corresponds to the market price. Furthermore, for the second issue, the research results show that the shortcomings of the execution parate caused by inconsistency material content in the execution parate Mortgage Act, and their implementing certain provisions, which interprets parate execution must be fiat court, as well as the execution of grosse deed. On the third issue, the results of the study showed that the reconstruction parate execution is done by taking the values of social justice contained in Pancasila, with emphasis on fairness, expediency and legal certainty in practice. Keywords : Mortgage Rights, Justice, Parate Execution, Reconstruction
| Item Type: | Thesis (Doctoral) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 13 Dec 2017 02:31 |
| Last Modified: | 13 Dec 2017 02:31 |
| URI: | http://repository.unissula.ac.id/id/eprint/8694 |
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